Certain Lined Paper Products From India: Final Results of the Expedited Sunset Review of the Countervailing Duty Order, 36535-36536 [2023-11839]

Download as PDF Federal Register / Vol. 88, No. 107 / Monday, June 5, 2023 / Notices ddrumheller on DSK120RN23PROD with NOTICES1 its requirements for serving documents containing business proprietary information, until further notice.13 Pursuant to 19 CFR 351.310(c), interested parties who wish to request a hearing must submit a written request to the Assistant Secretary for Enforcement and Compliance, U.S. Department of Commerce, filed electronically via ACCESS within 30 days after the date of publication of this notice.14 Hearing requests should contain: (1) the party’s name, address, and telephone number; (2) the number of participants; and (3) a list of issues to be discussed. Oral presentations at the hearing will be limited to issues raised in the briefs. If a request for a hearing is made, parties will be notified of the time and date for the hearing.15 Parties are reminded that all briefs and hearing requests must be filed electronically using ACCESS and received successfully in their entirety by 5 p.m. Eastern Time on the due date. Commerce intends to issue the final results of this administrative review, including the results of its analysis of issues raised in any written briefs, not later than 120 days after the date of publication of this notice, unless otherwise extended.16 Assessment Rates Upon completion of the final results, Commerce shall determine, and U.S. Customs and Border Protection (CBP) shall assess, antidumping duties on all appropriate entries.17 Pursuant to 19 CFR 351.212(b)(1), if NVR’s weightedaverage dumping margin is not zero or de minimis (i.e., less than 0.5 percent) in the final results of this review, we will calculate importer-specific assessment rates based on the ratio of the total amount of dumping calculated for the importer’s examined sales to the total entered value of those same sales. If NVR’s weighted-average dumping margin is zero or de minimis within the meaning of 19 CFR 351.106(c)(1), or an importer-specific rate is zero or de minimis, we will instruct CBP to liquidate the appropriate entries without regard to antidumping duties. In accordance with Commerce’s ‘‘automatic assessment’’ practice, for entries of subject merchandise during the POR produced by NVR for which the company did not know that the merchandise was destined for the United States, we will instruct CBP to liquidate those entries at the all-others 13 See Temporary Rule Modifying AD/CVD Service Requirements Due to COVID–19; Extension of Effective Period, 85 FR 41363 (July 10, 2020). 14 See 19 CFR 351.310(c). 15 See 19 CFR 351.310(d). 16 See section 751(a)(3)(A) of the Act. 17 See 19 CFR 351.212(b). VerDate Sep<11>2014 17:59 Jun 02, 2023 Jkt 259001 rate established in the original less-thanfair-value (LTFV) investigation (6.08 percent) if there is no rate for the intermediate company(ies) involved in the transaction.18 Commerce intends to issue assessment instructions to CBP no earlier than 35 days after the date of publication of the final results of this review in the Federal Register. If a timely summons is filed at the U.S. Court of International Trade, the assessment instructions will direct CBP not to liquidate relevant entries until the time for parties to file a request for a statutory injunction has expired (i.e., within 90 days of publication). Cash Deposit Requirements The following deposit requirements will be effective for all shipments of the subject merchandise entered, or withdrawn from warehouse, for consumption on or after the publication date of the final results of this administrative review, as provided by section 751(a)(2)(C) of the Act: (1) the cash deposit rate for the companies listed above will be equal to the weighted-average dumping margin established in the final results of this review, except if the rate is less than 0.50 percent and, therefore, de minimis within the meaning of 19 CFR 351.106(c)(1), in which case the cash deposit rate will be zero; (2) for previously reviewed or investigated companies not covered in this review, the cash deposit rate will continue to be the company-specific cash deposit rate published for the most recently completed segment in which the company was reviewed; (3) if the exporter is not a firm covered in this review, a prior review, or the original LTFV investigation, but the producer is, then the cash deposit rate will be the cash deposit rate established for the most recently completed segment of this proceeding for the producer of the merchandise; and (4) the cash deposit rate for all other producers or exporters will continue to be 6.08 percent, the allothers rate established in the LTFV investigation.19 These deposit requirements, when imposed, shall remain in effect until further notice. Notification to Importers This notice also serves as a preliminary reminder to importers of their responsibility under 19 CFR 351.402(f) to file a certificate regarding the reimbursement of antidumping 18 For a full discussion of this practice, see Antidumping and Countervailing Duty Proceedings: Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003). 19 See Order. PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 36535 duties prior to liquidation of the relevant entries during this review period. Failure to comply with this requirement could result in Commerce’s presumption that reimbursement of antidumping duties occurred and the subsequent assessment of doubled antidumping duties. Notification to Interested Parties We are issuing and publishing these preliminary results in accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.221(b)(4). Dated: May 26, 2023. Lisa W. Wang, Assistant Secretary for Enforcement and Compliance. Appendix—List of Topics Discussed in the Preliminary Decision Memorandum I. Summary II. Background III. Scope of the Order IV. Discussion of the Methodology V. Currency Conversion VI. Recommendation [FR Doc. 2023–11840 Filed 6–2–23; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [C–533–844] Certain Lined Paper Products From India: Final Results of the Expedited Sunset Review of the Countervailing Duty Order Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The U.S. Department of Commerce (Commerce) finds that revocation of the countervailing duty (CVD) order on certain lined paper products (CLPP) from India would be likely to lead to continuation or recurrence of countervailable subsidies at the levels indicated in the ‘‘Final Results of the Sunset Review’’ section of this notice. DATES: Applicable June 5, 2023. FOR FURTHER INFORMATION CONTACT: Katherine Sliney, AD/CVD Operations, Office III, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–2437. SUPPLEMENTARY INFORMATION: AGENCY: Background On September 28, 2006, Commerce published a CVD order on CLPP from E:\FR\FM\05JNN1.SGM 05JNN1 36536 Federal Register / Vol. 88, No. 107 / Monday, June 5, 2023 / Notices India.1 On February 1, 2023, Commerce initiated the third sunset review of the Order, pursuant to section 751(c) of the Tariff Act of 1930, as amended (the Act).2 On February 15, 2023, Commerce received a notice of intent to participate from the Association of American School Paper Suppliers (AASPS) 3 (the domestic interested party), within the deadline specified in 19 CFR 351.218(d)(1)(i).4 AASPS claims interested party status pursuant to section 771(9)(F) of the Act, as an association whose member companies are U.S. producers of the domestic like product.5 Additionally, ACCO Brands USA LLC, Norcom, Inc., and Top Flight, Inc. claimed interested party status pursuant to section 771(9)(C) of the Act, as manufacturers in the United States of the domestic like product.6 On March 2, 2023, Commerce received an adequate substantive response from the domestic interested party within the 30-day deadline specified in 19 CFR 351.218(d)(3)(i).7 Commerce did not receive a substantive response from any government or respondent interested party to this proceeding. On March 23, 2023, Commerce notified the U.S. International Trade Commission that it did not receive an adequate substantive response from respondent interested parties.8 As a result, Commerce conducted an expedited (120-day) sunset review of the Order, pursuant to section 751(c)(3)(B) of the Act and 19 CFR 351.218(e)(1)(ii)(B)(2) and (C)(2). Scope of the Order ddrumheller on DSK120RN23PROD with NOTICES1 The merchandise covered by this Order is certain lined paper products from India. For a complete description of the scope of the Order, see the Issues and Decision Memorandum.9 1 See Notice of Countervailing Duty Orders: Certain Lined Paper Products from India and Indonesia, 71 FR 56949 (September 28, 2006) (Order). 2 See Initiation of Five-Year (Sunset) Reviews, 88 FR 6700 (February 1, 2023). 3 The individual members of AASPS are ACCO Brands USA LLC, Norcom Inc., and Top Flight Inc. 4 See AASPS’s Letter, ‘‘Notice of Intent to Participate in Sunset Review,’’ dated February 15, 2023. 5 Id. at 2. 6 Id. 7 See AASPS’s Letter, ‘‘Substantive Response to Notice of Initiation,’’ dated March 2, 2023. 8 See Commerce’s Letter, ‘‘Sunset Reviews Initiated on February 1, 2023,’’ dated March 23, 2023. 9 See Memorandum, ‘‘Decision Memorandum for the Final Results of the Expedited Third Sunset Review of the Countervailing Duty Order on Certain Lined Paper Products from India,’’ dated concurrently with, and hereby adopted by, this notice (Issues and Decision Memorandum). VerDate Sep<11>2014 17:59 Jun 02, 2023 Jkt 259001 Analysis of Comments Received All issues raised in this sunset review are addressed in the Issues and Decision Memorandum. A list of the topics discussed in the Issues and Decision Memorandum is attached as an appendix to this notice. The Issues and Decision Memorandum is a public document and is on file electronically via Enforcement and Compliance’s Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS), which is available to registered users at https:// access.trade.gov. In addition, a complete version of the Issues and Decision Memorandum can be accessed directly at https://access.trade.gov/public/ FRNoticesListLayout.aspx. II. Background III. Scope of the Order IV. History of the Order V. Legal Framework VI. Discussion of the Issues 1. Likelihood of Continuation or Recurrence of a Countervailable Subsidy 2. Net Countervailable Subsidy Likely To Prevail 3. Nature of the Subsidies VII. Final Results of Sunset Review VIII. Recommendation Final Results of Sunset Review Pursuant to sections 751(c) and 752(b) of the Act, we determine that revocation of the Order would be likely to lead to continuation or recurrence of a countervailable subsidies at the following net countervailable subsidy rates: Certain Steel Nails From the United Arab Emirates: Preliminary Results of Antidumping Duty Administrative Review, and Partial Rescission; 2021– 2022 Dated: May 26, 2023. Lisa W. Wang, Assistant Secretary for Enforcement and Compliance. Emirates: Amended Final Determination of Sales at Less Than Fair Value and Antidumping Duty Order, 77 FR 27421 (May 10, 2012) (Order). 2 See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 87 FR 42144 (July 14, 2022) (Initiation Notice); see also Initiation of Antidumping and Countervailing Duty Administrative Reviews, 87 FR 48459 (August 9, 2022) (correcting certain names contained in the Initiation Notice). [FR Doc. 2023–11839 Filed 6–2–23; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–520–804] Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce. SUMMARY: The U.S. Department of Subsidy rate Commerce (Commerce) is conducting an Producers/exporters (percent ad administrative review of the valorem) antidumping duty order on certain steel Aero Exports ......................... 165.95 nails (steel nails) from the United Arab Navneet Education Limited .. 169.36 Emirates (UAE). The period of review All Others .............................. 168.49 (POR) is May 1, 2021, through April 30, 2022. Commerce preliminarily finds Administrative Protective Order that sales of steel nails from the UAE were made at less than normal value This notice serves as the only (NV). We invite interested parties to reminder to parties subject to an administrative protective order (APO) of comment on these preliminary results. their responsibility concerning the DATES: Applicable June 5, 2023. disposition of proprietary information FOR FURTHER INFORMATION CONTACT: disclosed under APO in accordance Kelsie Hohenberger, AD/CVD with 19 CFR 351.305, which continues Operations, Office V, Enforcement and to govern business proprietary Compliance, International Trade information in this segment of the Administration, U.S. Department of proceeding. Timely notification of the Commerce, 1401 Constitution Avenue return or destruction of APO materials NW, Washington, DC 20230; telephone: or conversion to judicial protective (202) 482–2517. order is hereby requested. Failure to SUPPLEMENTARY INFORMATION: comply with the regulations and the Background terms of an APO is a sanctionable violation. On July 14, 2022, Commerce initiated an administrative review of the Notification to Interested Parties antidumping duty order on steel nails Commerce is issuing and publishing from the UAE,1 in accordance with these final results in accordance with section 751(a) of the Tariff Act of 1930, sections 751(c), 752(b), and 777(i)(1) of as amended (the Act),2 with respect to the Act and 19 CFR 1 See Certain Steel Nails from the United Arab 351.218(e)(1)(ii)(C)(2). Appendix—List of Topics Discussed in the Issues and Decision Memorandum I. Summary PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 AGENCY: E:\FR\FM\05JNN1.SGM 05JNN1

Agencies

[Federal Register Volume 88, Number 107 (Monday, June 5, 2023)]
[Notices]
[Pages 36535-36536]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-11839]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-533-844]


Certain Lined Paper Products From India: Final Results of the 
Expedited Sunset Review of the Countervailing Duty Order

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: The U.S. Department of Commerce (Commerce) finds that 
revocation of the countervailing duty (CVD) order on certain lined 
paper products (CLPP) from India would be likely to lead to 
continuation or recurrence of countervailable subsidies at the levels 
indicated in the ``Final Results of the Sunset Review'' section of this 
notice.

DATES: Applicable June 5, 2023.

FOR FURTHER INFORMATION CONTACT: Katherine Sliney, AD/CVD Operations, 
Office III, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-2437.

SUPPLEMENTARY INFORMATION:

Background

    On September 28, 2006, Commerce published a CVD order on CLPP from

[[Page 36536]]

India.\1\ On February 1, 2023, Commerce initiated the third sunset 
review of the Order, pursuant to section 751(c) of the Tariff Act of 
1930, as amended (the Act).\2\ On February 15, 2023, Commerce received 
a notice of intent to participate from the Association of American 
School Paper Suppliers (AASPS) \3\ (the domestic interested party), 
within the deadline specified in 19 CFR 351.218(d)(1)(i).\4\ AASPS 
claims interested party status pursuant to section 771(9)(F) of the 
Act, as an association whose member companies are U.S. producers of the 
domestic like product.\5\ Additionally, ACCO Brands USA LLC, Norcom, 
Inc., and Top Flight, Inc. claimed interested party status pursuant to 
section 771(9)(C) of the Act, as manufacturers in the United States of 
the domestic like product.\6\
---------------------------------------------------------------------------

    \1\ See Notice of Countervailing Duty Orders: Certain Lined 
Paper Products from India and Indonesia, 71 FR 56949 (September 28, 
2006) (Order).
    \2\ See Initiation of Five-Year (Sunset) Reviews, 88 FR 6700 
(February 1, 2023).
    \3\ The individual members of AASPS are ACCO Brands USA LLC, 
Norcom Inc., and Top Flight Inc.
    \4\ See AASPS's Letter, ``Notice of Intent to Participate in 
Sunset Review,'' dated February 15, 2023.
    \5\ Id. at 2.
    \6\ Id.
---------------------------------------------------------------------------

    On March 2, 2023, Commerce received an adequate substantive 
response from the domestic interested party within the 30-day deadline 
specified in 19 CFR 351.218(d)(3)(i).\7\ Commerce did not receive a 
substantive response from any government or respondent interested party 
to this proceeding. On March 23, 2023, Commerce notified the U.S. 
International Trade Commission that it did not receive an adequate 
substantive response from respondent interested parties.\8\ As a 
result, Commerce conducted an expedited (120-day) sunset review of the 
Order, pursuant to section 751(c)(3)(B) of the Act and 19 CFR 
351.218(e)(1)(ii)(B)(2) and (C)(2).
---------------------------------------------------------------------------

    \7\ See AASPS's Letter, ``Substantive Response to Notice of 
Initiation,'' dated March 2, 2023.
    \8\ See Commerce's Letter, ``Sunset Reviews Initiated on 
February 1, 2023,'' dated March 23, 2023.
---------------------------------------------------------------------------

Scope of the Order

    The merchandise covered by this Order is certain lined paper 
products from India. For a complete description of the scope of the 
Order, see the Issues and Decision Memorandum.\9\
---------------------------------------------------------------------------

    \9\ See Memorandum, ``Decision Memorandum for the Final Results 
of the Expedited Third Sunset Review of the Countervailing Duty 
Order on Certain Lined Paper Products from India,'' dated 
concurrently with, and hereby adopted by, this notice (Issues and 
Decision Memorandum).
---------------------------------------------------------------------------

Analysis of Comments Received

    All issues raised in this sunset review are addressed in the Issues 
and Decision Memorandum. A list of the topics discussed in the Issues 
and Decision Memorandum is attached as an appendix to this notice. The 
Issues and Decision Memorandum is a public document and is on file 
electronically via Enforcement and Compliance's Antidumping and 
Countervailing Duty Centralized Electronic Service System (ACCESS), 
which is available to registered users at https://access.trade.gov. In 
addition, a complete version of the Issues and Decision Memorandum can 
be accessed directly at https://access.trade.gov/public/FRNoticesListLayout.aspx.

Final Results of Sunset Review

    Pursuant to sections 751(c) and 752(b) of the Act, we determine 
that revocation of the Order would be likely to lead to continuation or 
recurrence of a countervailable subsidies at the following net 
countervailable subsidy rates:

------------------------------------------------------------------------
                                                           Subsidy rate
                   Producers/exporters                      (percent ad
                                                             valorem)
------------------------------------------------------------------------
Aero Exports............................................          165.95
Navneet Education Limited...............................          169.36
All Others..............................................          168.49
------------------------------------------------------------------------

Administrative Protective Order

    This notice serves as the only reminder to parties subject to an 
administrative protective order (APO) of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305, which continues to govern 
business proprietary information in this segment of the proceeding. 
Timely notification of the return or destruction of APO materials or 
conversion to judicial protective order is hereby requested. Failure to 
comply with the regulations and the terms of an APO is a sanctionable 
violation.

Notification to Interested Parties

    Commerce is issuing and publishing these final results in 
accordance with sections 751(c), 752(b), and 777(i)(1) of the Act and 
19 CFR 351.218(e)(1)(ii)(C)(2).

    Dated: May 26, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.

Appendix--List of Topics Discussed in the Issues and Decision 
Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. History of the Order
V. Legal Framework
VI. Discussion of the Issues
    1. Likelihood of Continuation or Recurrence of a Countervailable 
Subsidy
    2. Net Countervailable Subsidy Likely To Prevail
    3. Nature of the Subsidies
VII. Final Results of Sunset Review
VIII. Recommendation

[FR Doc. 2023-11839 Filed 6-2-23; 8:45 am]
BILLING CODE 3510-DS-P

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